Immigrationboards.com

Hi Experts and friends-

Need your help/advice on my situation -

I am the lead applicant and been on T2 General / Skilled workers visa for nearly 4.5 Years and due to apply the ILR in next 6 months.

I have 3 dependents : Wife, 11 years old daughter and 2 years old:

1) Wife - wife was away from Oct 21 till Oct 22 - Due to my father-in-law's health. He was diagnosed with oral cancer due to which we had to travel. During this time she was in her 5th month of pregnancy and when we had a check up in India, Doctor advised not to travel as she had miscarriage in second pregnancy and her father was seriously ill. It wasn't advisable to travel considering mental and physical condition.

This has broken 180 days absent rule. Can I process her ILR application under exception case which was due to serious or compelling reasons.
Serious or compelling reasons will vary but can include:
• serious illness of the applicant or a close relative
• a conflict
• a natural disaster, for example, volcanic eruption or tsunami

2) If I process the ILR for myself and due to absent, dont get ILR for my wife - Can i still get the ILR for my children based on my ILR or do they need to have ILR for both parents?

This has broken 180 days absent rule. Can I process her ILR application under exception case which was due to serious or compelling reasons.
Serious or compelling reasons will vary but can include:
• serious illness of the applicant or a close relative
• a conflict
• a natural disaster, for example, volcanic eruption or tsunami

You can try but can only use fathers illness. Pregnancy is excluded from the serious or compelling reasons and the UKVI states this clearly. Also note that it is not a guarantee that UKVI will exercise discretion and could still reject her ILR application due to excessive absence. While I don't disagree that cancer is a serious illness, Oral cancer is usually easier to treat and less severe than say Pancreatic Cancer as an example. I supported my mother in my home country while still in the UK with her oral cancer, surgery etc (7cm tumour on her mouth).

https://www.gov.uk/government/publicati ... bookmark25

Time spent overseas due to pregnancy, maternity, paternity, parental leave, adoption-related leave or illness is treated the same way as any other absence, that is, within the 180 days in any 12 months.

2) If I process the ILR for myself and due to absent, dont get ILR for my wife - Can i still get the ILR for my children based on my ILR or do they need to have ILR for both parents?

No, your children cannot apply for ILR if your wife does not apply.

thanks so for children to get the ILR, both parents need to have ILR?

Yes. Children born outside UK follow the path of least privileged parent.